Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 45

Entitlement to expenses

  (1)   A person who has incurred reasonable expenses as a result of compliance (by that person or another person) with the order for production is entitled to payment of an amount equal to those expenses.

  (2)   The amount must be paid:

  (a)   if the subpoena was issued at the request of a person--by that person; or

  (b)   in any other case--by the State in which the subpoena was issued.

  (3)   The court or authority that issued the order for production may make orders to ensure that the person who incurred those expenses receives the exact amount of those expenses.

  (4)   If the subpoena was issued by a court, the orders may be made by an officer of the court if the rules governing the procedure of the court so provide.

  (5)   Nothing in this section affects the operation of subsection   11AA(9) of the Christmas Island Act 1958 or subsection   15AC(9) of the Cocos (Keeling) Islands Act 1955 .


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